§ 11-17-207 — Right of access to establishments and information relating to manufacturing; sampling and analysis

(a) The director or his agent shall have access during
normal business hours to any establishment or facility in which
an animal remedy is manufactured, transported or held for
distribution and to information relating to the manufacture,
transportation and distribution of the animal remedy for
purposes of sampling and inspection.
(b) Any method of sampling and analysis shall be as
approved by the director from current established methods. In
any case not covered by an approved method, or in any case where
methods are available in which improved applicability has been
demonstrated, the director may approve the appropriate methods
from other sources. The director, in determining whether an
animal remedy is deficient in any component, shall be guided
solely by the official sample analyzed in accordance with
approved methods. For purposes of this article, the results of
official analysis shall be final, unless it is determined by the
director that a resample is warranted. If a distributor or
registrant requests a resample of an animal remedy based upon
the director's findings of a deficiency, all costs associated
with the resampling and analysis shall be borne by the
distributor or registrant. If the results of the resampling
establish the result of the first analysis was invalid, the
department shall bear the costs associated with the resampling.
Any requests for a resample to the director shall be made in
writing.
(c) The director shall make or cause to be made under his
direction, analysis and examinations of samples of animal
remedies furnished to him by the director to determine whether
the animal remedy sampled conforms with this article and shall
certify the results of the examinations to the director.
(d) When the inspection and analysis of an official sample
indicates an animal remedy has been adulterated or misbranded,
the results of analysis shall be forwarded by the director to
the distributor and the purchaser.
(e) Any animal remedy that is manufactured and distributed
under registration from and under the supervision of the United
States department of agriculture, and in compliance with the
regulations of that department shall not be considered
adulterated or misbranded.
(f) An animal remedy shall be deemed to be misbranded
under the following circumstances:
(i) It is not properly labeled;
(ii) It is not labeled as required in W.S. 11-17-205
and in regulations promulgated under this article;
(iii) If the label is false or misleading;
(iv) If the information required on the label is not
conspicuous and clear and if any word, statement or other
information required to appear on the label is not prominently
placed conspicuously on the label, as compared with other words,
statements, designs or devices in the labeling and in such
terms, as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and
use;
(v) It is distributed under the name of another
animal remedy;
(vi) If the recommended dosage is dangerous to the
health of animals when used in the dosage or with the frequency
or duration prescribed, recommended or suggested in the labeling
of the animal remedy.
(g) An animal remedy shall be deemed to be adulterated if:
(i) It consists in whole or in part of any filthy,
putrid or decomposed substance;
(ii) It bears or contains any poisonous or
deleterious substance which may render it injurious to health
under customary or usual use;
(iii) Its container is composed of any injurious or
deleterious substance which may render the animal remedy
injurious to health;
(iv) It was prepared, packed or held under unsanitary
conditions where the animal remedy may have become contaminated
with filth or where the animal remedy may have been rendered
injurious to animal health;
(v) Its composition, purity, strength or quality
falls below or differs from that which it is purported or is
represented to possess by its labeling. The director shall
allow a reasonable tolerance from such representation as is in
accordance with good manufacturing practices.
(h) No person shall forge, counterfeit, simulate or
falsely represent or without proper authority use, any mark,
stamp, tag, label or other identification device required by
W.S. 11-17-205.
(j) No person shall alter, mutilate, destroy, obliterate
or remove any part of the labeling of any animal remedy if the
act results in the animal remedy being misbranded, or do any
other act, while the animal remedy is being held for sale, which
results in the misbranding of the animal remedy.
(k) All provisions for enforcement of animal remedies
found to be short weight shall be administered by the department
under W.S. 40-10-117 through 40-10-136 of the Wyoming weights
and measures law.